The Recovery Act's Daunting Whistleblower Provisions
September 29, 2009
This article describes the type of activity Section 1553 protects and the competing burdens parties must bear in pursuing and defending retaliation claims under this statute. It also provides a framework for assessing the risks Section 1553 poses to employers, identifies questions Section 1553 leaves unanswered, and presents the question of whether a few of Section 1553's provisions pass constitutional muster.
Statistical Lessons of Ricci v. De Stefano
September 29, 2009
The first part of this article about the Supreme Court's ruling <i>Ricci v. De Stefano</i> discussed what statisticians really have to say about disparate impact. The conclusion herein addresses the results of, and lessons to be learned from, the <i>Ricci</i> case.
Update on Retaliation Claims
September 29, 2009
If an employee orally complains to a supervisor about the employer's wage practices, which he believes violate the Fair Labor Standards Act ("FLSA"), has the employee engaged in protected activity that may form the predicate to a claim of retaliation under the FLSA?
Changes to Form I-9: Administrative on Their Face; Substantive in Effect
September 29, 2009
As of April 3, 2009, employers were required to use the new Form I-9 for employment eligibility verification for new employees and applicable re-hires. The new form is the latest step in what has been an unsystematic effort by the United States government to create and enforce immigration laws in the workplace.
Federal Circuit Overturns Central Component of TTAB's Medinol Doctrine
September 29, 2009
In one of the most closely watched trademark-related appeals in recent memory, <i>In re Bose Corp.</i>, the Federal Circuit overturned the central holding of <i>Medinol Ltd v. NeuroVasx Inc.</i>. Specifically, the Federal Circuit disapproved of the Board's practice of finding fraud if a registrant or applicant "should have known" that a material representation to the PTO was false.
Where's the Door?
September 29, 2009
Part One of this article described the types of operating covenants. The conclusion herein explains the remedies for violating these covenants.
In the Spotlight: Enforcing the Green Lease
September 29, 2009
As the green lease is first and foremost a business relationship concerning occupancy of real estate, the remedies for enforcement of the "green provisions" should strike an acceptable balance within that relationship.
Class Certification Now an 'Olympic High Hurdle Event' in the Third Circuit
September 29, 2009
In a recent opinion issued by Chief Judge Scirica the Third U.S. Circuit Court of Appeals has clarified the hurdle height to "jump over" in order to obtain class action certification. In so doing, the court has both "ratified" and, at the same time, "put greater bite into" the trend of imposing a stricter standard for certification.
